FIRST SECTION

DECISION

Application no. 77169/14 ÅšWIT SP. Z O.O. against Poland

The European Court of Human Rights ( First Section ), sitting on 25 February 2020 as a Committee composed of:

Pere Pastor Vilanova , President , Krzysztof Wojtyczek , Pauliine Koskelo , judges ,

and Renata Degener , Deputy Section Registrar ,

Having regard to the above application lodged on 5 December 2014 ,

Having regard to the declaration submitted by the respondent Government on 22 October 2019 requesting the Court to strike the application out of the list of cases and the applicant company’ s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The applicant, Świt sp. z o.o . , is a Polish company, based in Tarnów . It w as represented before the Court by Mr B. Filar , a lawyer practising in Tarnów .

2 . The Polish Government (“the Government”) were represented by their Agent, Mr J. Sobczak , of the Ministry of Foreign Affairs.

3 . The applicant company complained under Article 10 of the Convention that the judgment of the Tarnów Regional Court of 5 July 2013, upheld by the Cracow Court of Appeal on 3 December 2013 constituted an unjustified and disproportionate interference with the freedom of expression under Article 10 of the Convention.

4 . The application was communicated to the Government.

5 . After unsuccessful friendly-settlement negotiations, by letter dated 22 October 2019 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.

6 . They acknowledged a violation of the applicant company’ s rights guaranteed by Article 10 of the Convention. They undertook to pay the applicant company 2,000 euros (two thousand euros) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Polish zlotys at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. They further requested the Court to strike out the application.

7 . On 22 November 2019 , the Court received a letter from the applicant company informing the Court that it had agreed to the terms of the Government ’ s declaration.

THE LAW

8 . The Court finds that following the applicant company’ s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.

9 . It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application.

10 . In view of the above, it is appropriate to strike the case out of the list .

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases pursuant to Article 39 of the Convention.

Done in English and notified in writing on 19 March 2020 .

Renata Degener Pere Pastor Vilanova Deputy Registrar President